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HomeMy WebLinkAbout2024-06-03 O & M 420 S. Koeller RecordedCITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT The City of Oshkosh, the Governing Body, and 965 South Green Bay Road, LLC, the Property owner, along with their successors and assigns, are the parties to this Agreement. The purpose of this Agreement is to ensure adequate storm water drainage facilities for the Property described in this Agreement in connection with the surrounding public storm water facilities. The consideration for this Agreement includes the City's approval of proposed development on the Property. Additional consideration includes the Property owner's clearer understanding of storm water drainage obligations for the Property, and the Governing Body's assurance that the storm water drainage issues relating to the property can be more easily achieved through this Agreement. CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Area 17T4tPJ J 965 South Green Bay Road, LLC Name & Retum Address: Oshkosh City Attorneys Office 3305 N. Ballard Rd, Ste. C PO Box 1130 Appleton, WI 54911-9001 Oshkosh, WI 54903-1130 Tax Parcel Numbers: GOVERNING BODY: City of Oshkosh 90611630600, 90611630700 PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is located in the City of Oshkosh, Winnebago County, and is more particularly described as follows: Lot One (1) of Certified Survey Map Number 8064, recorded with the Winnebago County Register of Deeds on September 18, 2023, as Document Number 1910426, located in Section 22, Township 18 North, Range 16 East, 130' Ward, City of Oshkosh, Winnebago County, Wisconsin. Lot Two (2) of Certified Survey Map Number 8064, recorded with the Winnebago County Register of Deeds on September 18, 2023, as Document Number 1910426, located in Section 22, Township 18 North, Range 16 East, 13' Ward, City of Oshkosh, Winnebago ,County, Wisconsin. A copy of Certified Survey Map Number 8064 is attached as Exhibit A. GRADING AND DRAINAGE PLAN The Property must always comply with the grading and drainage plan approved by the City. The approved grading and drainage plan may be amended or modified -from time to time after consultation with the Property own.,r. Compliance will be evaluated according to the most current approved plan. A small-scale version of the current grading and drainage plan is attached as Exhibit "B" for identification and reference purposes. The full-scale grading and drainage plan is on file for review with the City Department of Public Works, and will be used to provide grading and drainage criteria and to govern compliance and any disputes. PURPOSE The three (3) primary purposes of this Agreement: 1) Notify the Property owner, as well as anyone interested in or connected to the Property that the Property is subject to this Agreement and Chapter 14 of the Oshkosh Municipal Code, as amended, and that any owner of the Property assumes these obligations; and, 2) Identify specific storm water facilities that currently exist on the Property, or may be constructed or installed in the future; and, 3) Describe the minimum responsibilities for maintaining the Property's approved storm water management facilities and grading and drainage plan. April 25, 2024 ' I 1 � r CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Numbe RESTRICTIONS The Property must always conform to its most current grading and drainage plan approved by the City. The Property is also subject to all aspects of the Municipal Code, including storm water management requirements, as may be amended, which are currently located in Chapter 14 of the Municipal Code. The storm water management requirements of the Municipal Code change from time to time, with the Property owner receiving public notice as required by law. Changes may be made to the grading and drainage plan for the Property if requested by the Property owner and after review of any changed circumstances on the Property. The approved grading and drainage plan for the Property will be on file in the City of Oshkosh Department of Public Works and is fully incorporated by reference in this Agreement. RESPONSIBLE PARTIES Each owner of the Property, jointly and severally, as well as their heirs, successors, and assigns, is responsible for maintaining the Property in the manner described in this Agreement. The Property owner's responsibilities include maintaining approved vegetation, grading, drainage, and storm water facilities on the Property. STORM WATER FACILITIES The Property's storm water facilities consist of: 1. Storm Sewer; 2. Catch Basins; and 3. Biofilters Filters. INSPECTION AND MAINTENANCE All storm water facilities and components of the storm water system shall be inspected at least semiannually, once in the Spring and once in the Fall, or more often if required by law. The Property's storm water drainage system must also be inspected after major storm events, which for purposes of this Agreement are those events with an accumulation of one-half (1/2) inch within 24 hours prior to the site having a minimum of 70% stabilization, and an event with an accumulation of one and one-half (1%) inches within 24 hours after the site has a minimum of 70% stabilization. The storm water facilities and grading and drainage scheme must be maintained as designed in order to achieve the desired storm water drainage objectives. Therefore, maintenance and repairs must be performed expeditiously when system deficiencies are identified. The existence of soil erosion, clogged or damaged inlets and/or pipes, excessive sediment loads within the basin and/or biofilter, rilling of side slopes, and other damaged features of the stormwater system are examples of items requiring maintenance or repair work. Material removed from the basin or biofilter may require special handling dependent upon current Wisconsin Department of Natural Resources disposal practices. If a bibfilter is installed/constructed, then biofilter maintenance activities include: remove coarse and gravel sediment that has accumulated; maintaining proper level of mulch; inspecting surface and repair eroded areas; inspect filter strip rip -rap and repair as. needed; inspect energy dissipator rock or grass inlet areas; inspect overflow structures; replace filter bed; inspect perforated pipe under drain; remove litter and debris; water plants; replace dying plants; and replace vegetation when necessary. Biofilter inspection and maintenance requirements applicable to the Property will change as the rules enforced by the Governing Body change. If a wet basin is installed/constructed, then dredging operations are required to remove the excess sediment when the depth of water in the wet detention basin diminishes below three feet causing the efficiency of the detention basin to decrease. The storm water detention basin(s) must retain the safety shelf after dredging. Damage to the safety shelf or detention basin liner must be repaired to preserve the safety and operation of the facilities. If a dry basin and/or swale is installed/constructed, then dry basin and swale maintenance includes removal of trash and debris, repairing erosion, maintaining vegetation, and dredging when necessary. The examples of maintenance activities that are identified above are not intended to be complete. The minimum information required to be viewed as a guideline for potential maintenance or repair activities is identified in the Inspection and Maintenance Logs attached April 25, 2024 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT as Exhibit "C". The Property owner shall, upon request, make available for inspection all maintenance records to the City's Department of Public Works, or any agent of the City, during the life of the system. PROHIBITIONS Mowing in buffer areas, detention basin banks and drainage ways shall be minimized in order to maximize filtration of runoff. If occasional mowing is necessary, the mowing height must not be less than six inches. Applications of fertilizers, herbicides, pesticide or other chemical applications are prohibited in buffer areas, on detention basin banks and along drainage ways. COMPLIANCE - 1. The Property benefits from a properly maintained grading and drainage plan as well as properly maintained storm water facilities. In the event the Property owner fails to perform any obligation related to this Agreement, the City of Oshkosh shall have the authority to enter the private Property to inspect, maintain, repair, reconstruct, and/or modify any component of the approved grading and drainage plan or storm water facility. The City has no duty to take such action but may do so at its discretion. 2. The Property owner is entering into this storm water operation and maintenance Agreement primarily so that they comply with local and state storm water rules and regulations. In addition to achieving compliance with rules and regulations, the Property owner's compliance with this Agreement may result in the receipt of local storm water credits. In the event the Property owner fails to materially comply with the terms of this Agreement, the City reserves the right to deny or suspend any requested storm water credits until the noncompliant issue is resolved to the City's satisfaction. Upon achieving compliance, storm water credits may be reinstated but they shall not be granted retroactively. 3. The remedies described herein intended to achieve compliance are not exclusive, and may be cumulative. The City may utilize one or more lawful actions it deems appropriate to enforce this Agreement and/or the Municipal Code. 4. The Property owner grants to the City of Oshkosh a limited, nonexclusive easement in perpetuity over the Property for the purpose of addressing grading and drainage deficiencies, as well as providing reasonable and necessary access to any storm water facility that is located on or within the Property. The City of Oshkosh shall use only that part of the Property reasonably necessary to allow the inspection, maintenance, and/or repair of the approved grading and drainage plan or any storm water facility. 5. The City may elect, -but is not required, to perform storm water maintenance or repairs on the Property. If the City exercises this discretion, then all associated costs for performing this work and enforcing this Agreement and/or storm water management requirements of Chapter 14 of the Municipal Code, as may be amended from time to time, are subject to reimbursement from Property owners, jointly and severally, or through encumbrances on the Property itself. Reimbursement remedies include placing an encumbrance against the Property as a Special Charge for Current Services pursuant to Sec. 66.0627 Wisconsin Statutes, as amended, or through other methods to collect directly from the Property owner as allowed by law at the City's discretion. Any Special Charge for Current Services shall be alien on the Property and shall be collected with the real estate taxes. Notices of such charges shall be provided as required by law. The storm water management facilities shall be for the benefit of the Property and the City of Oshkosh as described in this Agreement. This Agreement is not intended to benefit third parties and there shall be no third -party beneficiaries. RECORDING This agreement shall be recorded with the land records of the Winnebago County, Wisconsin, Register of Deeds. 965 South Green Bay Road, LLC, shall bear the cost of recording this document. April 25, 2024 Number AMENDMENTS CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Title This Agreement may be amended in whole or in part at any time by the owner of the Property, provided: 1) the amendment(s) are approved in writing by the owners of a majority of the lots within the Property as recorded with the Register of Deeds, Winnebago County, Wisconsin; and, 2) the amendment(s) are approved in writing by the City of Oshkosh Board of Public Works. This Agreement shall be a permanent covenant that shall, as provided by law, run with the land and any amendment to this Agreement shall be subject to the prior approval by the City of Oshkosh. SIGNATURES ON FOLLOWING PAGE This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 For the Owner/Develoaer: 4 April 25, 2024 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT 965 SOUTH GREEN BAY ROAD, LLC I am signing this document based upon the contents of a Statement of Authority filed with the State of Wisconsin Department of Financial Institutions pursuant to Wis. Stat. 183.0302, which authorizes my signature to bind this Limited Liability Company without restrictions applicable to this document. Alternatively, this Limited Liability Company has not filed a Statement of Authority, but I explicitly assert that I do have the authority to bind the Limited Liability Company to the terms of this document without limitation or restriction. By: Christopher A. Winter, Managing Member STATE OF WISCONSIN ) ) ss. COUNTY ) J Personally came before me this i 41' day of 2024, the above named Christopher A. Winter, to me known to be such person who executed the foregoing instrumeII and d ackn4lgl d�the same, for the purpose herein contained. ••,�•�``"SUSAN'''a,,� Notary Public, State My Commission exl For the City of Oshkosh: �� �•• v� IC Markk.A. Rohloff, City Manager City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this 1 day of M CU 2024, the above named Mark A. Rohloff and Diane M. Bartlett of the City of Oshkosh, to me known to be such persdYis who executed the foregoing instrument and #9WA3 Q64 ,the same, for the purpose herein contained. Notary lic, State of Wisconsin Y _ ;r) O My Commission expires: < ; m APPRRVED AS TO F Ln 4Qr—UAA OA&-� Lorenson, orney 'rlpF,y ,.tl April 25, 2024 CERTIFIED SURVEY MAP ALL OF LOT 3, VOLUME 1, CERTIFIED SURVEY MAPS, PAGE 4988 (DOC.#1180343), WINNEBAGO COUNTY RECORDS, BEING A PART -OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 AND THE NORTHWEST 114 OFTHE SOUTHWEST 114 OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 16 EAST,13TH WARD, CITY OF OSHKOSH. WINNEBAGO COUNTY, WISCONSIN 100 SO 100 GRAPHIC SCALE DOC* 1910426 NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 09/18/2023 08:07 AM RECORDING FEE: 30.00 PAGES: 3 WV4CORNER } NORTH IS REFERENOW70 THEWEST LINE SEC. 22,T'18"18E } OF OF THE SOUTHWEST 114 OF SECTION 22, (CORNER OF RECORD) } T16N-R1SMWHICH SEARS N01'O2M SWINGS ARE SASEOONTHE WINNESAGO I COUNTY CODRDINATE SYSTEM OF RECORD. I I } i Lail }'a I cmomeea d, eee• I ?2+za L'40 cRoasAOCt?SS.EASEMElIT . T(� �sz4sl 40 27 S88'49' PR-ow '31oRM LOT 1 I r SEINER .gASENIENT 439859F. ll RaB9'49US'111 1.01 AC. ' I�Ti t 42di11� QN88.18+06'W209.ST LOTS Csms4 6 ND1.101SS'E nao �autrw7 r '30W 31A4 PROPOSED PROPDSED3lY OR ISAWAM ffTTtt :� . 868'4844'gf:. + ACCESS EASENk7iN T -Ime' (sP�aHFFr31 EWER -48EMW 8EWEREABENENT ' LOT } —-------- — a I NW4W06"W 400.W I } (REC, N99• 4W`W) 26 I I 2CUTILI1YAYATERMNN EA9EMENT(DOC.1QD6291) R1YER VALLEY I j CORAL CONDONNIUM I '! } 9114 CORNER SEC. 22,TION-R16E SW36VS82626= (FD. SAW CROSS) 9WCORNER - SEM 22, 718N-RIVE ". SAW CROW) �`�q�ututtrygh..- jr ,.v�� AIDREW 0 as N = a MACHIN CUENrRMAARCHITECTS DRAFTED BY:JSH TAX PARCEL NO.: 9081163WW EXHIBIT A (1 of 3) j!1§0 � + O E w 'Iy I I W M AVENUE L�. cW`aw'___ LEGEND 1" IRON PIPE FOUND 1.32•A28" IRON PIPE WITH CAP, WEIGHING L130 /1.F. SET MAC NAIL FOUND MONUMENT FOUND, TYPE NOTED SCALE SHEET. I OF 3 1°=100' . PROJECT NO. 0198.10.23 DRAWING NO.1T83 LINE TABLE LINE M LENGTH DIRECTION L1 68.54 988.48'06'E L2 9.60 NI'10'6S'E CERTIFIED SURVEY MAP 0780(o4 ALL OF LOT 3, VOLUME 1, CERTIFIED SURVEY MAPS, PAGE 49M (DOC.#1180343), WINNEBAGO COUNTY _RECORDS, BEING APART OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 AND THE NORTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 18 EAST.13TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN SURVEYOR'S CERTIFICATE I, ANDREW S. CLEVELAND. PROFESSIONAL LAND SURVEYOR, DO HERESY CERTIFY THAT 1 HAVE SURVEYED, DIVIDED AND MAPPED ALL OFLOT 3, VOLUME 1. CERTIFIED SURVEY MAPS, PAGE 4988 (DD=ElS43), WINNE8AG0 COUNTY RECORDS, BEING A PART OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 AND THE NORT11WE3T 1f4 OF THE SOUTHWEST if4 OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 18 EAST, ISTH WARD, CITY OF OSHKOSH. WINNEBAGO COUNTY, WISCONSIM BOUNDARY CONTAINS 04,183 SQUARE FEET1216 ACRES, MORE OR LESS. SUBIECT TO EASETAENTS AND RESTRICTIONS OF RECORD. THAT SUCH PLAT 18 A CORRECT REPRESENTATION OF ALLTHE EXTERIOR BOUNDARIES OF THE LAND SURVEY ANOTHS DIVISION THEREOF. THATIHAVEMAOESUCHASURVEY,LAND DIVISION AND PLAT BY THE DIRECTION OFTHE OWNERS LISTED HEREON. THAT 1 HAVE FULLY COMPLIED WITH THE PROVISIONS OF CHAPTER 23% 8ECTK)N 2i8M OFTHE WISCONSIN STATUTES AND THE CITY OF OSHKOSH IN SURVEYING, DIVIDING AND MAPPiNGTHESAME �aa�aag111I ANDCEW D PL62/87 'tea`'ACON Iq+4+i REVISEDSEPTEMBER12.2028 ='�,��+ �ETon, au�` . OWNER INFORMATION -THE CURRENT OWNER OF RECORD IS WS SOUTH GREEN BAY ROAD LLC. - THE TAX PARCEL NUMBER IS 90611630001L .THE CURRENT DEED ON RECORD IS DOC. f)Ml 0. CERTIFICATE FOR THE CITY OF OSHKOSH APPRn FOR THE CITY OF OSHKOSH THIS&ADAY OF 2Q?¢ Cf/REPRESENTATIVE (PRINTNAI E) TREASURER'S CERTIFICATE I. TREASURER OF THE CITY OF OSHKOSH, 00 HEREBY CERTIFY THAT IN ACCORDANCE WITH THE RECORDS IN OUR OFFICE. THERE ARE NO UNREDEEMED TAX SALES AND UNPAID TAXES. OR SPECIAL ASSESSMENTS ON AND OF THE LAND INCLUDED IN THIS CERTIFIED SURVEY MAP. �&- A4,4-1 CITY OF OSHKOSH MEASURER DATE (PRINT NAME) MACH m CLIENT: RMA ARCHITECTS SCALE: SHEET, 2 OF 3 - ORAFTED BY; JSH PROJECT NO. 0198.10-23 TAX PARCEL NO.: W611S30000 DRAWING NO.1763 EXHIBIT A (2 of 3) CERTIFIED SURVEY MAP #6M ALL OF LOT 3, VOLUME 1, CERTIFIED SURVEY MAPS, PAGE 4998 (DOC.1Y1180343), WINNEBAGO COUNTY RECORDS, BEING A PART OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 AND THE NORTHWEST. 114 OF THWSOUTFWEST 114 OF SECTION A TOWNSHIP 18 NORTH, RANGE 18 EAST,13TH WARD, CITY OF OSHKOSH, - WINNEBAGO COUNTY, WISCONSIN LIMITED LIABILITY COMPANY OWNER'S CERTIFICATE 985 SOUTH GREEN BAY ROAD�.LC,A COMPANY DULY ORGANIZED AND p(ISTING UNDER AND SY VIRTUE OFTHE LAWS OF THE 3'I'ATE OF WISCONBIN, DOES HEREBY CERTIFY THAT SAID LIMITED LIABILITY COMPANY CAUSED THE LAND ON THIS CERTIFIED SURVEY MAP TO BE SURVEYED AND MAPPED AS REPRESENTED HEREON. M SOUTH GREEN BAY ROAq,LW DOES. FURTHER CERTIFY THATTHIS CERTIFIED SURVEY MAP IS REQUIRED TO BE SUBMITTED TO THE CITY OF OSHKOSH FOR APPROVAL OR OBJECTION IN ACCORDANCE WITH CURRENT ORDINANCES. IN WITNESS WHEREOF, THE SAID 985 SOUTH GREEN SAY ROA U.0 HAS CAUSED THESE PRESENTS TO BE SIGNED BY �SJ�9ileV ITS MEMSEP.ONTHISDAY 0F $100, 20,4 MEMBER PERSONALLY CAME BEFORE ME THIS jjt DAY OF 2QTME ABOVE NAMED MEMBER OF SAID LIMITED LIABILITY COMPANY KNOWLEOGED THAT HE EXECUTED THE FOREGOING U37RUMENT AS SUCH MEMBER AS THE DEED OF SAD LI PANY, BY ITS AUTHORITY. +``` n1�"" TARP PUBLIC N IRE$ � o STATE OF f ja COUNTYOF ,.. au 0 'h1Ur�W`••N� . ACCESS EASEMENT DETAIL INormscAl� 1 r sa 40CR038ACCESBE118E(NEN7 S88°49Ob"E I 2a see•loosE 416.06' NUO'bV93W 670.3D'6T'E WAY !I nl i 000 RIV jC4 T fn I Lot 1 is e!r b. f o: Ii1 c I 1438 SF. I I .01 AC m m r i I � rI w IL71' I f. I LOT 2 ui I ; 1. r4.' see•19aa1=1a7,sr _ J �$ 15 C f p 1n f0 i i f N88649'0$9W 409.66, i H® CUENT:RMAARCHITECTS SCE: SHE ET:3OF3 DRAFTED BY:JSH PROJECT NO. 0195.1023 wn� wT+av TAX PARCEL NO.: 90811830000 DRAWING NO. 1763 CURVE DATA DUarvEe rr�1oTH ITnntus CENTANC�E CHORoeRG CltoRotxsT C1 iff.71' 10.00' 90'OOT1C N{8' 10' 65'E 14.1k C2 1fi71' 1DAD' 90'07D0' 3/3 49'O6'E t4.1� C3 1@,80" 16.00' 71'�82!• N81'4716'W 17.QR G �9.87 39�06' 71.4721• 834.4T18'E 46.75 EXHIBIT A (3 of 3) ILS. KOELLER STREET all m4rm PROPOSED DESIGN FOR: � , MACH 420 S. KOELLER STREETlq, KOELLER STREET lono eourx 4RIueR GTREEr 1 iQ — OSHKOSH,WISCONSIN 54902 iiioxe~920-6ii-060o EXHIBIT B (1 of 1) Inspection & Maintenance Log Catch Basin / Proprietary Device Name of Site: Address: Inspector: Municipality Contact: Company: Phone: Inspection Year: * Facility owner is responsible for inspecting, maintaining, and repairing facility components after any major storm event and at the beginning of the Spring and Fall seasons. Check any deficiencies noted and comment for maintenance actions taken, date -of repair, and any alerts. Inspection items with no * should be completed by a qualified professional every five years (or more frequently if concerns are noted). ** Please refer to the Maintenance at a Glance sheet for more information. Inspection Item** Storm Date Storm Date Storm Date Maintenance Action Date Catch Basin / Proprietary Device Inlet Protection * Remove after Stabilization Debris / Trash Accumulation * Clean up/Remove Abnormal water levels * Contact Municipality Sediment / Floatables Accumulation * Remove (pump and dispose of at wastewater treatment plant) ** Depressions around facility Contact Municipality Joint Separation Contact Municipality Cracks in Concrete Contact Municipality Deteriorated piping Contact Municipality Displacement of Structure Contact Municipality ** Pumping Details (based on design guidelines): Type of unit(s) Dates Pumped Pumper Design Pumping Frequency Disposal Location Page 1 of 1 Rev. 02/22/2008 EXHIBIT C (1 of 2) Inspection & Maintenance Log Bioretention & Rain Garden Inspection .Year: .Name of Site: Address: Inspector: Company: . Municipality Contact: Phone: . * Facility owner is responsible for inspecting, maintaining, and repairing facility components after any major storm event and at the beginning of the Spring and Fall seasons. Check any deficiencies noted and comment for maintenance actions taken, date of repair, and any alerts. Inspection items with no * should be completed by a qualified professional every five years (or more frequently if concerns are noted). Inspection Item Storm Date -estae Date —"Storm Date Maintenance Action Date Outlet/Standpipe Debris / Trash Accumulation* Clean up/Remove High water levels (near top of basin)* Clean/Inspect discharge pipe. Emergency Spillway Erosion or Depressions* Repair/Restore Missing Rock* Repair/ estore Basin Debris/Trash Accumulation* Remove Visible pollution (oil sheen, algae, etc)* Report to municipality. Clean and remove pollution Wilting/Dying Plants* Water -and/or Replant per approved plan Erosion or Depressions* Repair/Restore Long -Term Standing Water (greater Restore (remove mulch, than 3 days after rain event)* scarify, soils around -plants,-add-new-mulch) Poor vegetation density Replant per approved plan Animal Burrows* Repair. Remove nuisance animals Undesirable/Invasive vegetation Remove/Treat with herbicide. Voids in mulch area Add mulch to depth of 3" Page 1 of 1 Rev. 02/22/2008' EXHIBIT C (2 of 2)